particularly because the avenue is clearly provided in the national law of the
Respondent State.
75. In addition, following his sentence at the High Court of 33 years imprisonment,
the Complainant was able to secure a Lawyer through Legal Aid who appealed
his case at the Court of Appeal that led to the squashing of the conviction and
sentence, as well as to his subsequent release.
76. Furthermore, the Commission has been reticent in making pronouncements on
cases relating to the indigent status of Complainants as it could open floodgates
of cases brought to the Commission on account of indigence, unless the
indigence is proven and unavailability of Legal Aid schemes in the Respondent
State is sufficiently demonstrated. In Africa Legal Aid v Gambia for instance,
the Commission rejected the claim that the victims' lack of financial means
should be a basis for exempting the Complainants from exhausting local
remedies."
77. Meanwhile, in Purohit and Moore v. The Gambia, the Commission concluded
that the remedies that existed were neither realistic nor available to the victims
since these were only accessible to wealthy individuals and the victims were
typically "picked up from the streets or from poor backgrounds" and were indigent"
The Commission determined that the remedies that existed were only available
and effective to those who could afford them but, in this particular case, the
victims could not. 16 The Communication was deemed admissible given that the
victims belonged to a category of people for whom remedies were not
realistic. 17
78. Thus, the Commission's position regarding whether a remedy should be
considered unavailable simply because a person is indigent, depends on
various circumstances and therefore the Commission decides on a case-by-case
basis.
79. In the present Communication, the Commission is not convinced about the
Complainant's excuse for not filing a claim for reparations within the period
required by POPA, compounded by the fact that the Complainant does not
provide any justification relating to his indigence. Additionally, he filed the
Communication before the Communication about 4 months after his release
and also moved to South Africa around the same period without exploring the
avenues that were available to him to seek reparation for the same claims he
brought before the Commission.
12
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